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Defective Products

Updated: Aug 2


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A personal injury lawyer and client review a damaged product and legal documents together in an office, discussing a potential defective product case.

Most of us use products every single day. From phones and tools to strollers, tires, or kitchen gadgets—products are a big part of our lives. We expect them to work the way they should. We also expect them to be safe.


But sometimes, a product doesn’t work the way it’s supposed to. Sometimes it’s made wrong, designed poorly, or doesn’t come with the right warnings. And when that happens, people can get seriously hurt.


That’s where serious injury lawyers step in. They help regular people who’ve been hurt by dangerous or defective products get the help and money they need to recover and move forward.


What Is a Defective Product?

A defective product is something that’s unsafe to use the way it’s supposed to be used. It could be a small item, like a hairdryer that catches fire, or a big one, like a car with brakes that fail.

Not all products that break are considered legally “defective.” For it to count as a defective product under the law, it usually has to fit into one of these three types:


Types of Product Defects

Design Defect

This means the product was dangerous from the very beginning—even before it was built. The design itself is flawed. For example, a space heater that tips over too easily and causes fires.


Manufacturing Defect

This happens when the product is designed safely but something went wrong while making it. Maybe one batch of medicine was mixed with the wrong ingredient. Or maybe a bolt was left off a bicycle during assembly.


Marketing Defect (Failure to Warn)

This means the product didn’t come with proper instructions or safety warnings. Like if a powerful cleaning spray doesn’t say it should never be mixed with bleach.


A serious injury attorney points to a broken product while explaining legal options to a client during a meeting in a calm, professional office.

Examples of Defective Products

Here are some common items that have caused injury or death when they didn’t work the way they should:

  • Airbags that don’t open or open too fast

  • E-cigarettes that explode while charging

  • Baby cribs with unsafe railings

  • Power tools with missing safety guards

  • Medical devices that break down inside the body

  • Tires that lose tread suddenly

  • Prescription drugs with hidden side effects

  • Ladders that collapse under normal use

  • Furniture that tips over on children

When something is made to help us but ends up hurting us, that’s a serious problem.


How Defective Products Cause Injuries

Defective products can cause all kinds of injuries. Some are minor. Others are life-changing. Common injuries include:

  • Burns

  • Broken bones

  • Head injuries

  • Cuts and bruises

  • Eye injuries

  • Back or neck damage

  • Loss of fingers or limbs

  • Internal injuries

  • Death

Sometimes the injury happens right away, like a toaster catching fire. Other times, the harm builds up slowly—like a medical device causing infection over time.


What to Do If You’re Hurt by a Defective Product

If you think a product caused your injury, here’s what you should do:

  1. Get medical help right away – Your health comes first. Even if you think it’s minor, get checked.

  2. Save the product – Don’t throw it away. Keep it just the way it was when it hurt you.

  3. Take pictures – Of the product, the injury, the packaging, and the place where it happened.

  4. Keep receipts or proof of purchase – If you bought the item, save your receipt, box, or order confirmation.

  5. Write down what happened – Include date, time, how you used the product, and what went wrong.

  6. Talk to a serious injury lawyer – These cases are hard to prove, and you need someone on your side.


Why You Might Need a Lawyer

Big companies often try to blame the person who got hurt. They might say:

  • You used the product wrong

  • You knew the risk

  • You changed the product

  • It wasn’t their fault

A serious injury lawyer knows how to push back. They know how to:

  • Investigate the product

  • Work with safety experts

  • Get documents from the company

  • Find out if others were hurt too

  • Show that the company didn’t do enough to keep people safe


Who Can Be Held Responsible?

There could be several people or companies at fault. Depending on the case, your lawyer might go after:

  • The manufacturer

  • The company that made a part of the product

  • The company that sold it

  • The store that put it on the shelf

  • Anyone else in the supply chain

In many cases, these companies have insurance or large legal teams. But that doesn’t mean you don’t have a chance. A good lawyer knows how to take them on.


A personal injury lawyer and client examine a defective product together, discussing the case details in a quiet, professional office setting.

How These Cases Work

Here’s what usually happens in a defective product case:

  1. Your lawyer listens to your story and looks at the product.

  2. They investigate what went wrong.

  3. They talk to experts who know how the product should have worked.

  4. They try to settle the case with the company’s lawyers or insurance.

  5. If a fair deal isn’t reached, they take it to court.

Most of the time, these cases are settled before trial. But your lawyer will be ready to go to court if that’s what it takes.


What You Can Get in a Lawsuit

If the court (or settlement) agrees that the product hurt you, you may get money for:

  • Medical bills

  • Future medical care

  • Lost wages

  • Pain and suffering

  • Disability

  • Emotional stress

  • Damage to property (like a car or home)

  • Funeral costs, if a loved one died

The amount depends on how badly you were hurt, how long it will affect you, and how clear the proof is.


Real Client Story

“I bought a new pressure cooker for my family. One night, while making dinner, it exploded. Hot food sprayed everywhere, and I got second-degree burns on my arms and chest. I couldn’t work for weeks, and I was in pain every day. The company said I used it wrong, but I followed the directions. I found a lawyer who listened and took my case. They found out other people had the same problem. In the end, the company settled, and I got help with medical bills and more. I’m thankful I didn’t try to handle it alone.”

– Jason L., Fresno, CA


Civil Rights and Defective Products

Some defective product cases also connect with civil rights issues. For example:

  • Low-income or minority neighborhoods being sold unsafe products

  • Unsafe housing appliances that hurt tenants

  • Medical devices tested unfairly on certain groups

  • Products not made accessible for people with disabilities

In these cases, the harm is not just personal—it affects a whole community. Serious injury lawyers with civil rights experience can help fight for justice on a bigger level.


What If a Child Is Hurt?

If a child is hurt by a defective toy, stroller, or product, the case can be even more serious. Children can’t protect themselves, and companies have an extra duty to keep them safe.

Parents or guardians can bring a claim on their child’s behalf. A lawyer will make sure the child’s long-term needs are part of the case—like therapy, schooling, or home help.


What If the Product Was a Prescription Drug?

Drug and medical device companies are powerful—and they don’t always warn patients about risks. You may have a case if a medicine:

  • Had serious side effects you weren’t warned about

  • Was recalled after you took it

  • Was given without the right safety information

  • Caused long-term harm or death

These cases are tough, but they matter. A lawyer can help you file a claim against the drug company or anyone else involved.


Time Limits: Don’t Wait Too Long

In California, you usually have two years from the date of injury to file a defective product lawsuit. But some exceptions apply:

  • If the injury wasn’t noticed right away

  • If the case involves a child

  • If the product is part of a larger class-action lawsuit

Waiting too long could mean losing your chance to get justice. A lawyer can help figure out your timeline.


Choosing the Right Lawyer

If you’ve been hurt by a defective product, you need someone who:

  • Has handled product cases before

  • Knows how to work with safety experts

  • Offers free consultations

  • Works on a “no win, no fee” basis

  • Makes you feel respected and heard

You deserve a team that takes your case seriously and explains things in a way you understand.


Final Thoughts

Products should work the way they’re supposed to. When they don’t—and people get hurt—it’s not just an accident. It’s a failure to protect people. It’s carelessness. And it’s not okay.

You don’t have to figure it out alone.


Serious injury lawyers help regular people take on powerful companies. They help gather proof, push for answers, and fight for what’s fair. Whether it’s a faulty machine, a bad drug, or a dangerous toy, you have the right to be safe—and the right to speak up when you’ve been hurt.

If a defective product changed your life, it’s okay to ask for help. It’s okay to hold someone responsible.

And it’s okay to take your power back.

 
 
 

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